Denise I. Murphy

Denise Murphy is an experienced employment defense lawyer licensed in Massachusetts with an active practice throughout the United States. Her practice areas include sexual harassment claims, discrimination claims, adverse workplace actions, counseling of employers and their employeees, employee handbooks, and training. Ms. Murphy also represents companies and individuals in excecutive compensation negotiations and disputes over covenants not to compete.

Denise Murphy was named to the Top 50 Massachusetts Women Lawyers in 2008, and was named a Super Lawyer in the field of Employment Law in 2007.

Suggestions for Proper Termination of an Employee

Terminating employment presents significant risks for employers, both legally and practically. Unlike other business decisions which may give rise to litigation, terminating employment affects individuals on a very personal level. It is impossible to ascertain just how an individual will react. How employers manage termination, therefore, is a consideration which requires planning, patience, and professionalism.

As a primary rule, employers should adhere to the basic principles of employment law defense. Document! Document! Document! In the event of litigation, it is an immeasurable benefit to have contemporaneous documentation about the reasons why the decision was made to terminate the individual. Of course, in the real world, many employers don’t have the time or the resources to undertake the effort to document infractions. They should, nevertheless, attempt to provide sufficient documentation to establish the basis for the decision.

When terminating an employee, treat the employee with respect. Conduct the termination in a private setting and remain professional at all times. Be truthful and firmly compassionate.

And, as in all employee interactions, conduct the discussion in the presence of a witness. In the event that the employee becomes angry or violent, immediately leave the area and, if necessary, contact the police.